State Senator Jennifer Boysko, who represents 38th District, was asked if she knew of any changes to the exemption in Virginia's Indoor Clean Air Act, which allows for smoking in casinos and gaming venues. Her response, "There’s not been any action that I’m aware of this year around preventing smoking in a casino. I’ve had some preliminary conversations with stakeholders. However, we did not come up with a bill this year, but I do think it’s important because individuals who work in the casinos deserve to have clean air and I know it is a problem for several of them and I’d like to do something about it at some point.”
I spoke with the senator last spring on the same topic. But as this session concludes the issue remains at status quo. Boysko indicated that it is well within the casinos' power to bring about the change themselves, “The casinos have the ability to set the policy themselves. You know, the hope was that perhaps they would see that there was a concern from their employees and that they might make some changes on their own without requiring us to legislatively mandate it.”
But a legal mandate seems to be exactly what it will take to bring about the change to the exemption in Virginia’s Indoor Clean Air Act, according to Bronson Frick, Director of Advocacy for Americans for Non-Smokers Rights.
“The casinos generally say that they will comply with whatever the law is. And in states that have a smoke-free casino requirement, they gladly still invest in those markets", says Frick.
This year, Virginia casinos will generate over a billion dollars in adjusted gross gaming revenue. State and local coffers will reap the benefits, but the dealers, wait staff, and security who run the games remain some of the only workers who are unprotected in a landscape that has seen much change in since Americans for Nonsmokers Rights began their efforts fifty years ago.
Frick points to some of the most significant advancements in smoking laws, “Back in the seventies, smoke-free workplaces like offices, movie theaters – those were all considered impossible. And now they’re completely taken for granted. And you think about airplanes, restaurants – so, the same thing is true with casino workplaces, which are today’s major hospitality workplaces in more states. So, we’re committed to supporting people who are still waiting for their same right to basic smoke-free workplace protection.”
An employee from Rivers Casino in Portsmouth says there are effects on workers. We're not using her name because she fears retaliation from the company, “As soon as we get to work, it’s like an instant headache. The smoke just triggers something, you know. And I know that there’s days, I’ll be fine and as soon as I walk to work it’ll be like, okay here’s the headache.”
And while Rivers Casino does have designated smoking and non-smoking areas, she says it does little to protect from exposure to the smoke, “They told us we were going to have this great ventilation system that was going to do so well, and it’s actually horrible.”
Twenty states already have smoke-free casinos, and progress continues to be made in other states. But as for Virginia, another General Assembly has come and gone with no change.
Yet, Bronson Frick insists the day is coming, “Eventually, they’ll be smoke free. It’s just disappointing that it’s going to take longer than what these workers deserve.”
Senator Boysko's final words echo that change comes slow, “We’ll see what happens in the next couple years”.
I reached out to all five Virginia casinos for comment. None agreed to participate for this story.
